Possession of Drug Paraphernalia

Along with drug possession charges, possession of drug paraphernalia
charges are one of the more commonly charged crimes in any jurisdiction. Almost anything can be considered drug paraphernalia, but items such as
bongs, roach clips, glass pipes, or syringes are commonly associated
with the crime.

All states have laws that criminalize the sale, use, and
possession of drug paraphernalia, though the wording of these laws and
how they apply differ. These laws are often broadly applied, and a court
can find almost any item is drug paraphernalia under the right
circumstances.

Definition.Many
state laws specify what equipment qualifies as drug paraphernalia.
These laws list specific items that are prohibited, such as opium pipes,
water pipes, vials, hypodermic needles, or miniature spoons.
Paraphernalia can also include items used for manufacturing, growing,
weighing, or packaging illegal drugs, such as scales or plastic baggies.

Use,intent,ordesign.
Many, if not all, of the items that are designed as drug paraphernalia
also have non-drug related uses. Similarly, items that aren't
specifically designed for drug use can often be used as drug
paraphernalia. In drug paraphernalia cases, a prosecutor can show
possession of the prohibited items by showing they were actually used
for drug use, or that the person possessing them intended them for drug
use.

Circumstances. When courts
consider if an object is drug paraphernalia, they often look at
different factors involved in the circumstances of the case. Courts will
look at whether the alleged paraphernalia was located near illegal
drugs, whether the accused made statements about the items, if the items
contains any drug residue, or even expert testimony about the object or
its use. There is no one set of circumstances and no single test that
applies in all cases, and courts have wide discretion in determining
what is or is not drug paraphernalia.

Actualorconstructivepossession.
While you can be convicted of possession of drug paraphernalia if the
prosecutor can show that you were holding it or had it somewhere on your
body, such as in a pocket or backpack, you can also be convicted if the
prosecution can show constructive possession or control. Constructive
possession occurs when you have control over an item but don't carry it
with you, such as if you have it in your glove compartment, in your
home, or any place you have control over.

Simplepossessionorpossessionwithintenttosell,deliver,ordistribute.
Drug paraphernalia charges are often differentiated between possession
and distribution crimes. Possession crimes involve the personal use of
drug paraphernalia, while possession or distribution charges involve
selling or providing paraphernalia to others.

Penalties

Possession
of drug paraphernalia is usually charged as misdemeanor offense, though
felony charges are possible in some states and in some situations.
Sentences for simple possession of paraphernalia have much lighter
sentences associated with them than sentences for manufacturing or
distributing drug paraphernalia.

Jailorprison.Some
drug paraphernalia laws allow for up to a year in jail, though lighter
sentences, such as up to 90 days, are also common. A court may impose a
jail sentence individually or in addition to a fine or other penalties.

Timeserved.Courts
may also sentence a person convicted of possession of paraphernalia to
“time served.” This means that the court considers the time the person
spent in jail after the arrest but before conviction and uses it as the
jail sentence instead of requiring additional jail time.

Fines.
Fines are a common penalty for drug paraphernalia convictions, and
courts often impose fines instead of jail sentences, especially for
first time offenders. A typical fine for a first time offender may be a
few hundred dollars or as much as $500 or more, while repeat offenders
may face higher fines of $1,000 or more.

Probation.
Probation sentences are also common with possession of drug
paraphernalia convictions. When a court sentences people to probation it
requires them to comply with various orders for a number of months,
typically 12 or more. Common probation orders include not committing
more crimes, maintaining employment, paying all required fines and court
costs, performing random drug tests, participating in a drug treatment
program, or performing community service.

Diversion.Some
drug paraphernalia offenders may be able to avoid a conviction by
participating in a pretrial diversion program. Diversion programs --
also known by a variety of names such as deferred prosecution or
pretrial intervention -- are designed to give first-time offenders the
chance to make amends for the criminal activity without being convicted
of a crime. A person who agrees to enter into diversion must comply with
conditions that are nearly identical to probation, typically for a
period of a year or more. After successfully completing the diversion
program, the prosecutor agrees to drop the charges.

Talk to a Local Attorney

Though
a possession of drug paraphernalia charge may seem like no big deal, a
conviction can follow you for the rest of your life. If you've been
charged with a paraphernalia crime, or have had a recent run-in with the
police and you suspect you might be, you need to speak to a local
criminal defense attorney as soon as possible. A local criminal defense
lawyer can advise you what you should do based on the law of your state
as well as the lawyer's experience with local courts and prosecutors.
You should never speak to the police about your case or make any
decisions until you've spoken to an experienced defense lawyer about
your paraphernalia charge.